Summary: We will not investigate this complaint about an unsuccessful application for a dropped kerb. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mrs X, disagrees with the Council’s decision not to grant approval for a dropped kerb. She says there are similarly sized properties in the area which have dropped kerbs.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mrs X and the Council. This includes information about the size of the proposed driveway and the dropped kerb policy. I also considered our Assessment Code.

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My assessment

4. The policy says a proposed driveway must have a minimum depth of five metres, and two and half metre width. There must be space to park entirely on the drive at right angles to the road. The only exception is where there is space within the property for a turning circle.
5. Mrs X applied for a dropped kerb. The Council rejected the application because the depth of the proposed driveway is three metres.
6. I will not investigate this complaint because there is insufficient evidence of fault by the Council. This is because the Council’s decision to refuse the application is consistent with the policy. Mrs X’s front garden is about two metres short of the depth requirement and there is not enough space for a turning circle.
7. Mrs X has explained why she wants a dropped kerb but we are not an appeal body and we cannot intervene if there is no suggestion of fault. Further, we could not ask the Council to approve the application as that would be contrary to the policy.
8. Mrs X says other similarly sized properties have dropped kerbs and she specifically referred to one property. I asked the Council why it approved the application for that property. Due to data protection rules I cannot share any information with Mrs X, but I can confirm there is no indication of fault associated with the dropped kerb approval for that property.
9. In addition, most areas around the country have dropped kerbs which do not meet the current specifications. This is because policies change over time and councils can only assess applications against the rules which exist at the point of application. The Council assessed Mrs X’s application against the current policy so there is no reason to start an investigation.

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Final decision

10. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman